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  1. #1
    Join Date
    Sep 2008
    Posts
    3

    Unhappy DUI and Probation

    My question involves criminal law for the state of: California


    I have recently been charged with a dui with a bac of .11. I passed the sobriety test though. I am going to try to get the dui charge reduced to a dry wrecklace but worry it wont happen. on top of that I have a previous charge for domestic violence. I signed the plea bargin and agreed to violate no law. I am also worried about jail time for violating my probation.

    I could use as much advice as I can get please! Thank you for your time!

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: DUI and Probation

    Quote Quoting AndrewJames
    View Post
    I could use as much advice as I can get please! Thank you for your time!
    Hire an attorney!

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: DUI and Probation

    Quote Quoting AndrewJames
    View Post
    I have recently been charged with a dui with a bac of .11. I passed the sobriety test though.
    Why do you believe you "passed" the "sobriety test"?

    If you DID "pass" the FST, then how did they get a chemical test (breath or blood) that resulted in a .11? Also note that with a BAC of .11 the state does not have to prove impairment, only that the arrest and test were lawful and you had a BAC of 08 or higher (CVC 23152(b)).

    I am going to try to get the dui charge reduced to a dry wrecklace but worry it wont happen.
    The typical plea offer in these instances is to a "wet reckless" per CVC 23103.5.

    on top of that I have a previous charge for domestic violence. I signed the plea bargin and agreed to violate no law. I am also worried about jail time for violating my probation.
    Yes, it is possible that your probation will be violated.

    - Carl

    I could use as much advice as I can get please! Thank you for your time![/QUOTE]

  4. #4
    Join Date
    Sep 2008
    Posts
    3

    Default Re: DUI and Probation

    I would hire an attorney but I can't afford it... Any advise?

    Am I able to avoid jail time and have it turned into a work release? I do work full time but I don't know if that means anything to the court.

    I felt I passed the sobriety test fine. I felt fine to drive well before I stepped foot into the car. Is it possible for me to get a dry wreckless without an attorney?

    Thanks again for your help

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: DUI and Probation

    Quote Quoting AndrewJames
    View Post
    I would hire an attorney but I can't afford it... Any advise?
    At the time of your arraignment, if you cannot afford an attorney and have no assets to leverage for one, then the court should assign you one.

    Am I able to avoid jail time and have it turned into a work release? I do work full time but I don't know if that means anything to the court.
    We do not know the policy and practice of your local court, but I suspect you'll get weekend work crew in addition to fines and probation if convicted.

    I felt I passed the sobriety test fine.
    Perhaps the first thing to go when a person is impaired is a person's ability to evaluate their own condition. Alcohol can be insidious that way.

    I felt fine to drive well before I stepped foot into the car.
    See above.

    Is it possible for me to get a dry wreckless without an attorney?
    Anything is POSSIBLE .. it's just not probable. And I have never known a .11 to be plead to a reckless driving (CVC 23103) ... that is not to say it can NOT happen, it's just not likely - especially if your driving did not rise to the level of that offense (which requires unsafe acts other than just speed). You are far more likely to receive a "wet reckless" as I previously mentioned.


    - Carl

  6. #6
    Join Date
    Sep 2008
    Posts
    3

    Default Re: DUI and Probation

    I never thought of it that way... I did drink and I did chose to drive, simple as that. one thing is for sure, I'll never do it again.

    I am also going to be working weekends for the previous charge. How do they work that out? Or will I just be working more weekends?

    This forum is awesome. Lets just hope I never have to use it for my own good again though haha! No offense...

    P.S. Is the charge on a wet reckless better than pleading no contest in the beginning? What would be my best move in this case?

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